On July 2, 2025, the New York City Department of Consumer and Worker Protection (DWCP) adopted new rules amending the city’s Earned Safe and Sick Time Act (ESSTA) to address the requirements of New York State’s Paid Prenatal Leave law, which went into effect on January 1, 2025. As explained in greater detail below, these city-level rules impose additional obligations on employers that exceed those required by New York State law and require immediate action by businesses in the Big Apple.

Key requirements for New York City employers

By way of background, the ESSTA originally went into effect in April 2014 and generally provides for up to 56 hours of paid sick leave, depending on employer size. The new rules expand the ESSTA, however, by requiring that NYC employers:

• Institute and distribute a written policy to employees outlining (a) the availability of paid prenatal leave, which is separate from paid sick and safe time under the ESSTA; (b) any limitations or conditions the employer places on the use of paid prenatal leave; (c) practices and procedures involving the use of paid prenatal leave; (d) documentation requirements and procedures related to paid prenatal leave; (e) the minimum increments for which paid prenatal leave can be used; and (f) a statement affirming that the employer will not request details about the medical condition necessitating prenatal leave, and that any information received will remain confidential.
• Notify employees of their outstanding prenatal leave balance in writing, which can be included on employees’ paystub (as is required for accrued but unused paid sick time under the ESSTA), or provided in another written format.
• Keep records of each instance of paid prenatal leave used, including the date and time, the amount paid, the amount of leave used during each pay period, and the employee’s total remaining balance of paid prenatal leave.

The new rules also allow New York City employers to implement certain requirements not addressed under state law, including that:

• Employers may require employees to provide reasonable notice before using paid prenatal leave. For foreseeable absences, no more than seven days’ notice can be required. For unforeseeable absences, notice must be given as soon as practicable.
• If an employee uses paid prenatal leave for more than three consecutive workdays, employers may request reasonable written documentation from a licensed clinical social worker, mental health counselor, or other health care provider. Employees must be given at least seven days from their return to work to provide this documentation.
• Employers may set a minimum increment of one hour per day for the use of paid prenatal leave.

Employers should review their current leave policies to ensure compliance with these new requirements under New York City law. The adoption of these rules marks a significant shift, as they clarify the interplay between city and state leave entitlements and introduce new obligations for employers. By updating policies and procedures to reflect these changes, employers can better support their employees while minimizing the risks associated with noncompliance. As the landscape of leave laws continues to evolve, staying informed and proactive will be essential for all New York City employers.